Session 2002-2003

Commons Journal 259

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Alphabetical Index - Part I
Alphabetical Index - Part II


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Page 101            2002-2003      Volume 259      

[No. 24.]

Tuesday 7th January 2003.

The House met at half-past Two o'clock.

PRAYERS.

1Standing Orders (Public Business),—Ordered, That the Standing Orders relating to Public Business be printed [No. 175].

2Health and Safety at Work (Amendment),—Ordered, That leave be given to bring in a Bill to amend the Health and Safety at Work etc. Act 1974 to provide for increased penalties for offences under that Act and under the Employers' Liability (Compulsory Insurance) Act 1969: And that Lawrie Quinn, Mr Tony Lloyd, Mr Michael Clapham, Mr Roy Beggs, Mr Frank Doran, Mr Richard Allan, Mr Bob Laxton, Ian Stewart, Mr Malcolm Savidge and Rob Marris do prepare and bring it in.

3Health and Safety at Work (Amendment) Bill,—Lawrie Quinn accordingly presented a Bill to amend the Health and Safety at Work etc. Act 1974 to provide for increased penalties for offences under that Act and under the Employers' Liability (Compulsory Insurance) Act 1969: And the same was read the first time; and ordered to be read a second time on Friday 31st January and to be printed [Bill 37].

4Local Government Bill,—The Order of the day being read, for the Second Reading of the Local Government Bill;

And a Motion being made, and the Question being proposed, That the Bill be now read a second time;

An Amendment was proposed to the Question, to leave out from the word ‘That' to the end of the Question and add the words ‘this House declines to give a Second Reading to the Local Government Bill because it is a centralising measure that will have the effect of undermining local democracy by imposing new duties and responsibilities on local authorities; it places in the hands of the Secretary of State too much power to determine the management of individual local authorities; it deprives local authorities of control over housing and capital receipts; and it gives unnecessary powers to the Secretary of State on financial administration, particularly the powers to specify the level of local authorities' reserves and to monitor budgets', instead thereof.—(Mr Eric Pickles.)

And the Question being put, That the Amendment be made;

The House divided.

Tellers for the Ayes, Mr Laurence Robertson, Mr Mark Hoban: 141.

Tellers for the Noes, Dan Norris, Mr John Heppell: 370.

So the Question was negatived.

And the Main Question being put forthwith, pursuant to Standing Order No. 62 (Amendment on second or third reading);

The House divided.

Tellers for the Ayes, Dan Norris, Mr John Heppell: 368.

Tellers for the Noes, Mr Laurence Robertson, Mr Mark Hoban: 142.

So the Question was agreed to.

The Bill was accordingly read a second time.

5Local Government Bill (Programme),—A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 29th October 2002], That the following provisions shall apply to the Local Government Bill—

Committal

1. The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 6th February 2003.

3. The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

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5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which proceedings on consideration are commenced.

6. Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

Other proceedings

7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or any further messages from the Lords) may be programmed—(Joan Ryan);

The House divided.

Tellers for the Ayes, Dan Norris, Mr John Heppell: 318.

Tellers for the Noes, Mr Laurence Robertson, Mr Mark Hoban: 183.

So the Question was agreed to.

6Local Government Bill [Money] ,—Her Majesty's Recommendation having been signified to the proposed Motion relating to Local Government Bill [Money];

A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money and ways and means resolutions in connection with bills), That for the purposes of any Act resulting from the Local Government Bill, it is expedient to authorise—

(a) the payment out of money provided by Parliament of any expenditure under the Act of a Minister of the Crown or government department;

(b) any increase attributable to the Act in the sums which under any other enactment are payable out of money so provided; and

(c) the payment out of the Consolidated Fund of any increase attributable to the Act in the sums which under any other enactment are payable out of that Fund—(Joan Ryan):—It was agreed to.

7Local Government Bill [Ways and Means],—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money and ways and means resolutions in connection with bills), That for the purposes of any Act resulting from the Local Government Bill, it is expedient to authorise the payment into the Consolidated Fund of—

(a) any sums received under the Act by a Minister of the Crown;

(b) any increase attributable to the Act in the sums payable into that Fund under any other enactment; and

(c) any sums received by a valuation officer by way of penalty—(Joan Ryan);

The House divided.

Tellers for the Ayes, Dan Norris, Mr John Heppell: 264.

Tellers for the Noes, Mr Andrew Mitchell, Mr Douglas Hogg: 22.

So the Question was agreed to.

8Staffing Needs of Commission in Enlarged European Union,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 119 (European Standing Committees), That this House takes note of European Union Document No. 9759/02, Commission Communication on the activities and human resources of the Commission in the enlarged European Union; supports the Government's position that the details of the Communication are timely and that the Commission's commitment to reconsider reassessment prior to each preliminary draft budget is welcome; welcomes the Government's emphasis on the importance of keeping to the Berlin financial agreement; and supports the Government's aim of working to ensure the necessary resources are made available within the agreed ceilings—(Joan Ryan):—It was agreed to.

9Denied Boarding Compensation for Air Passengers,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 119 (European Standing Committees), That this House takes note of European Union Documents No. 5129/02, draft Regulation establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delays of flights, and No. 13312/02, European Parliament Amendments to the draft Regulation; and supports the Government's objective to achieve enhanced passenger protection but without imposing significant new burdens on the airline industry—(Joan Ryan):—It was agreed to.

10Business of the House,—Ordered, That, at the sitting on Tuesday 14th January,

(1) the Motion in the name of Mr David Trimble may be proceeded with, though opposed, until Four o'clock or three hours after it has been entered upon, whichever is the later, and if proceedings have not previously been concluded they shall lapse at that

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time; and paragraph (2) of Standing Order No. 31 (Questions on amendments) shall apply to the proceedings as if the day were an Opposition Day; and

(2) the Motion for the adjournment of the House relating to the 2012 Olympics may be proceeded with, though opposed, for three hours after it has been entered upon, and the Motion shall then lapse.—(Joan Ryan.)

11Accommodation and Works,—Ordered, That Tom Brake be discharged from the Accommodation and Works Committee and Sir Robert Smith be added to the Committee.—(Mr John McWilliam, on behalf of the Committee of Selection.)

12Treasury,—Ordered, That Mr David Laws be discharged from the Treasury Committee and Norman Lamb be added to the Committee.—(Mr John McWilliam, on behalf of the Committee of Selection.)

13Public Petitions,—A Public Petition from ‘Consumers for Health Choice' and others against restrictions on the availability of natural health products was presented and read; and ordered to lie upon the Table and to be printed.

14Adjournment,—Resolved, That this House do now adjourn.—(Joan Ryan.)

And accordingly the House, having continued to sit till twenty-six minutes past Eleven o'clock, adjourned till to-morrow.

[Adjourned at 11.26 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers presented by Her Majesty's Command and delivered to the Votes and Proceedings Office on the undermentioned dates during the adjournment pursuant to Standing Order No. 158 (Presentation of command papers):

Friday 20th December 2002

1European Communities (No. 4, 2002),—Euro-Mediterranean Agreement, done at Luxembourg on 25th June 2001, establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part with Final Act, with an Explanatory Memorandum [Cm. 5726] [Mr Secretary Straw].

2Trade and Industry,—Department for Trade and Industry: Autumn Performance Report 2002 [Cm. 5731] [Ms Secretary Hewitt].

3Treaty Series (No. 56, 2002),—Amendments, done at London on 4th November 1993, to the Convention on the International Maritime Organization [Cm. 5727] [Mr Secretary Straw].

Tuesday 31st December 2002

4Health,—Departmental Minute, dated 31st December 2002, concerning a proposed contingent liability in relation to any legal action against the Chairman and members of the investigation panel into matters against Dr David Jefferys [Mr Secretary Milburn].

Papers delivered to the Votes and Proceedings Office on the undermentioned dates during the adjournment pursuant to Standing Order No. 159 (Presentation of statutory instruments):

Papers subject to Negative Resolution:

Friday 20th December 2002

5Agriculture,—Products of Animal Origin (Third Country Imports) (England) (Amendment) (No. 4) Regulations 2002 (S.I., 2002, No. 3206), dated 20th December 2002 [Secretary Margaret Beckett].

6Education,—(1) Action for Learning Partnership, Bedford Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3104), dated 16th December 2002,

(2) Ashington Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3095), dated 16th December 2002,

(3) Bolton Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3098), dated 16th December 2002,

(4) Breaking the Cycle Bridgewater Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3096), dated 16th December 2002,

(5) Camborne, Pool and Redruth Success Zone Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3085), dated 16th December 2002,

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(6) Challenge for Corby Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3103), dated 16th December 2002,

(7) Clacton and Harwich Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3102), dated 16th December 2002,

(8) Community Learning Partnership Barrow-in-Furness Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3093), dated 16th December 2002,

(9) Coventry Millennium Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3099), dated 16th December 2002,

(10) Dingle Granby Toxteth Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3088), dated 16th December 2002,

(11) Downham and Bellingham Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3100), dated 16th December 2002,

(12) Easington and Seaham Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3087), dated 16th December 2002,

(13) Education (Student Support) (No. 2) Regulations 2002 (S.I., 2002, No. 3200), dated 19th December 2002,

(14) Epicentre LEAP Ellesmere Port Cheshire Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3101), dated 16th December 2002,

(15) Gloucester Education Achievement Zone (Extension) Order 2002 (S.I., 2002, No. 3108), dated 16th December 2002,

(16) Learning Together East Cleveland Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3090), dated 16th December 2002,

(17) LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2002 (S.I., 2002, No. 3199), dated 20th December 2002,

(18) Leigh Park Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3094), dated 16th December 2002,

(19) North Gillingham Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3092), dated 16th December 2002,

(20) Peterlee Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3086), dated 16th December 2002,

(21) Rainbow Education Action Zone in Stoke on Trent (Extension) Order 2002 (S.I., 2002, No. 3097), dated 16th December 2002,

(22) South Bradford Community Learning Partnership Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3107), dated 16th December 2002,

(23) Speke Garston Excellent Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3106), dated 16th December 2002,

(24) Sunderland Building Our Future Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3089), dated 16th December 2002,

(25) Wakefield Community Learning Partnership Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3109), dated 16th December 2002,

(26) Withernsea and Southern Holderness Rural Achievement Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3105), dated 16th December 2002, and

(27) Wolverhampton Education Action Zone (Extension) Order 2002 (S.I., 2002, No. 3091), dated 16th December 2002

[Mr Secretary Clarke].

7Seeds,—(1) Beet Seed (England) Regulations 2002 (S.I., 2002, No. 3171),

(2) Cereal Seed (England) Regulations 2002 (S.I., 2002, No. 3173),

(3) Fodder Plant Seed (England) Regulations 2002 (S.I., 2002, No. 3172),

(4) Oil and Fibre Plant Seed (England) Regulations 2002 (S.I., 2002, No. 3174),

(5) Plant Varieties and Seeds Tribunal (Amendment) (England and Wales) Rules 2002 (S.I., 2002, No. 3198),

(6) Seed (Registration, Licensing and Enforcement) (England) Regulations 2002 (S.I., 2002, No. 3176), and

(7) Vegetable Seed (England) Regulations 2002 (S.I., 2002, No. 3175),

dated 18th December 2002 [Secretary Margaret Beckett].

Monday 23rd December 2002

8Animals,—Protection of Animals (Anaesthetics) Amendment Order 2002 (S.I., 2002, No. 3215), dated 22nd December 2002 [Secretary Margaret Beckett].

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9Children and Young Persons,—Residential Family Centres Regulations 2002 (S.I., 2002, No. 3213), dated 21st December 2002 [Mr Secretary Milburn].

10Food,—Kava-kava in Food (England) Regulations 2002 (S.I., 2002, No. 3169), dated 18th December 2002 [Mr Secretary Milburn].

11Medicines,—Medicines for Human Use (Kava-kava) (Prohibition) Order 2002 (S.I., 2002, No. 3170), dated 18th December 2002 [Mr Secretary Milburn].

12Nurses, Midwives and Health Visitors,—Nurses Agencies Regulations 2002 (S.I., 2002, No. 3212), dated 21st December 2002 [Mr Secretary Milburn].

13Social Care,—(1) Domiciliary Care Agencies Regulations 2002 (S.I., 2002, No. 3214), and

(2) National Care Standards Commission (Fees and Frequency of Inspections) Amendment (No. 3) Regulations 2002 (S.I., 2002, No. 3211),

dated 21st December 2002 [Mr Secretary Milburn].

14Social Security,—(1) Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2002 (S.I., 2002, No. 3116), dated 16th December 2002, and

(2) State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002 (S.I., 2002, No. 3197), dated 19th December 2002

[Mr Secretary Smith].

Tuesday 24th December 2002

15Children and Young Persons,—Children and Family Court Advisory and Support Service (Miscellaneous Amendments) Order 2002 (S.I., 2002, No. 3220), dated 18th December 2002 [Ms Rosie Winterton].

16Highways,—Street Works (Records) (England) Regulations 2002 (S.I., 2002, No. 3217), dated 20th December 2002 [Mr Secretary Darling].

17Supreme Court of England and Wales,—Civil Procedure (Amendment No. 2) Rules 2002 (S.I., 2002, No. 3219), dated 14th December 2002 [Ms Rosie Winterton].

Monday 30th December 2002

18Food,—Animal By-Products (Identification) (Amendment) (England) (No. 2) Regulations 2002 (S.I., 2002, No. 3231), dated 22nd December 2002 [Mr Secretary Milburn].

Tuesday 31st December 2002

19Electricity,—Electricity (Connection Charges) (Amendment) Regulations 2002 (S.I., 2002, No. 3232), dated 20th December 2002 [Ms Secretary Hewitt].

Friday 3rd January 2003

20Terms and Conditions of Employment,—Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 (S.I., 2002, No. 3236), dated 31st December 2002 [Ms Secretary Hewitt].

Monday 6th January 2003

21Dentists,—General Dental Council (Constitution) Amendment Order 2002 (S.I., 2002, No. 3134), dated 17th December 2002 [Mr Secretary Milburn].

22Health Care and Associated Professions,—General Medical Council (Constitution) Order 2002 (S.I., 2002, No. 3136), dated 17th December 2002 [Mr Secretary Milburn].

23Proceeds of Crime,—Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I., 2002, No. 3133), dated 17th December 2002 [Mr Secretary Blunkett].

Other Papers:

24Clerk of the Crown in Chancery,—Crown Office (Forms and Proclamation Rules) (Amendment) Order 2002 (S.I., 2002, No. 3131), dated 17th December 2002 [Yvette Cooper].

25Merchant Shipping,—Merchant Shipping (Confirmation of Legislation) (Bermuda) Order 2002 (S.I., 2002, No. 3132), dated 17th December 2002 [Mr Secretary Straw].

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Papers presented or laid upon the Table on Tuesday 7th January 2003:

Papers subject to Affirmative Resolution:

26Northern Ireland,—(1) Draft Education and Libraries (Northern Ireland) Order 2003,

(2) draft Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003, and

(3) draft Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003

[by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Murphy].

Papers subject to Negative Resolution:

27Harbours,—(1) Londonderry Port and Harbour (Variation of Pilotage Limits) Order (Northern Ireland) 2002 (S.R. (N.I.), 2002, No. 394), and

(2) River Bann Navigation Order (Northern Ireland) 2002 (S.R. (N.I.), 2002, No. 395),

dated 18th December 2002 [by Act] [Mr Secretary Murphy].

Other Papers:

28Foreign Affairs,—Government Response to the Eleventh Report from the Foreign Affairs Committee, Session 2001–02, on Gibraltar [by Command] [Cm. 5714] [Mr Secretary Straw].

29Marshall Aid Commemoration,—Report of the Marshall Aid Commemoration Commission for 1st October 2001 to 30th September 2002 [by Command] [Cm. 5667] [Mr Secretary Straw].

30National Lottery,—Report and Summary Financial Statement of the Arts Council of Wales for 2001–02, with the Report of the Comptroller and Auditor General thereon [by Act] [Mr Secretary Hain].

31Public Petitions,—(1) Observations by the Secretary of State for Transport on the Petition [28th November] from electors of Blaby, South Leicestershire, and others against proposals for an airport between Coventry and Rugby,

(2) Observations by the Secretary of State for Transport on the Petition [18th December] from residents of the Rugby area against the construction of an airport at Rugby, and

(3) Observations by the Secretary of State for Work and Pensions on the Petition [19th November] from the British Pensioners and Trade Union Action Association, Coventry Branch, for increased State retirement pensions;

[by Standing Order]; to be printed [Clerk of the House].

32Reserve Forces,—Report under section 54(7) of the Reserve Forces Act 1996 on the making of a call-out order under section 54(1) of that Act [by Act] [Mr Secretary Hoon].

APPENDIX II

Standing Committees

Extradition Bill,—The Committee of Selection has discharged Patrick Mercer from Standing Committee D (nominated in respect of the Bill); and nominated in substitution Mr John Maples.

APPENDIX III

Reports from Select Committees

1Foreign Affairs,—Minutes of Evidence taken before the Foreign Affairs Committee [Human Rights Annual Report]; to be printed [No. 257-i] [Donald Anderson].

2International Development,—(1) Appendices to the Minutes of Evidence taken before the International Development Committee on 5th November 2002 in the last Session of Parliament [The Autumn Meetings of the IMF and the World Bank]; to be printed [No. 256]; and

(2) Memoranda laid before the Committee [The Autumn Meetings of the IMF and the World Bank]

[Tony Baldry].

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[No. 24; WH, No. 13.]

Tuesday 7th January 2003.

The House sitting in Westminster Hall

The sitting commenced at seventeen minutes to Ten o'clock.

Adjournment,—A Motion was made, and the Question being proposed, That the sitting be now adjourned—(Jim Fitzpatrick);

And it being Two o'clock, the sitting was adjourned without Question put, till to-morrow.

[Adjourned at 2 p.m.


[No. 25.]

Wednesday 8th January 2003.

The House met at half-past Eleven o'clock.

PRAYERS.

1Health and Safety at Work (Amendment) Bill,—The Order for reading the Health and Safety at Work (Amendment) Bill a second time on Friday 31st January was read and discharged.

Bill withdrawn.

2Second Standing Committee on Delegated Legislation,—Mr Nigel Beard reported from the Second Standing Committee on Delegated Legislation the Pet Travel Scheme (Pilot Arrangements) (England) (Amendment) (No. 2) Order 2002 (S.I., 2002, No. 2850).

Minutes of Proceedings of the Committee to lie upon the Table.

3Health and Safety at Work (Offences) Bill,—Lawrie Quinn, supported by Mr Tony Lloyd, Mr Michael Clapham, Mr Roy Beggs, Mr Frank Doran, Mr Richard Allan, Mr Bob Laxton, Ian Stewart, Mr Malcolm Savidge, Rob Marris, Mr Andrew Dismore and Judy Mallaber, presented a Bill to make provision about the prosecution and punishment of offences which are, or are treated as being, offences under the Health and Safety at Work etc. Act 1974 or the Employers' Liability (Compulsory Insurance) Act 1969: And the same was read the first time; and ordered to be read a second time on Friday 31st January and to be printed [Bill 38].

4Opposition Day [1st allotted day],—It being an allotted day at the disposal of the Leader of the Opposition in pursuance of Standing Order No. 14 (Arrangement of public business), the House proceeded to consider Opposition business.

Foundation Hospitals,—A Motion was made, and the Question being proposed, That this House welcomes the principle of Foundation Hospitals as a means of improving and enhancing patient care and giving hospitals the opportunity to operate free from political and ministerial interference; regrets the timidity of the Government, which is restricting applications for Foundation status solely to those hospitals enjoying 3-star status; fears that this restriction will create a two-tier health service, to the detriment of patients and staff, and therefore urges the Government to allow all hospitals to bid for Foundation status; calls for clarification of contradictions between ministerial statements and guidance contained in the Department of Health's ‘A Guide to NHS Foundation Trusts, December 2002' about how Foundation Hospitals are intended to operate; and further calls on the Government to resolve widely publicised ministerial differences, which are likely to deter hospitals from seeking Foundation status—(Dr Liam Fox);

An Amendment was proposed to the Question, in line 2, to leave out from the word ‘House' to the end of the Question and add the words ‘welcomes the principle of NHS Foundation Trusts as part of the Government's wider programme to improve services for NHS patients; believes that NHS Foundation Trusts must be part of the National Health Service providing care to NHS patients according to NHS principles and subject to NHS standards and inspection; further believes that there should be no arbitrary cap on the numbers of NHS Foundation Trusts and that all NHS hospitals should get the help, support or intervention they need to improve; recognises that extra resources for the health service are delivering improved services for NHS patients and have to be matched with reforms so that standards in the NHS are national but control is local; supports the Government's efforts to devolve power to frontline services and to strengthen accountability to local communities; and rejects any proposal to introduce top-up vouchers for private treatment, tax subsidies for private medical insurance or cuts in public spending of 20 per cent. in view of the inevitable impact that such policies would have on NHS patients including those treated in NHS Foundation Trusts', instead thereof.—(Mr Secretary Milburn.)

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And the Question being proposed, That the original words stand part of the Question.

Mr David Maclean rose in his place and claimed to move, That the Question be now put.

And the Question being put, That the Question be now put:—It was agreed to.

And the Question being accordingly put;

The House divided.

Tellers for the Ayes, Mr Mark Francois, Mr David Wilshire: 144.

Tellers for the Noes, Mr Jim Murphy, Charlotte Atkins: 381.

So the Question was negatived.

And the Question, That the proposed words be there added, being put forthwith, pursuant to Standing Order No. 31 (Questions on amendments);

The House divided.

Tellers for the Ayes, Mr Jim Murphy, Charlotte Atkins: 282.

Tellers for the Noes, Mr David Wilshire, Mr Mark Francois: 150.

So the Question was agreed to.

The Speaker forthwith declared the Main Question, as amended, to be agreed to.

Resolved, That this House welcomes the principle of NHS Foundation Trusts as part of the Government's wider programme to improve services for NHS patients; believes that NHS Foundation Trusts must be part of the National Health Service providing care to NHS patients according to NHS principles and subject to NHS standards and inspection; further believes that there should be no arbitrary cap on the numbers of NHS Foundation Trusts and that all NHS hospitals should get the help, support or intervention they need to improve; recognises that extra resources for the health service are delivering improved services for NHS patients and have to be matched with reforms so that standards in the NHS are national but control is local; supports the Government's efforts to devolve power to frontline services and to strengthen accountability to local communities; and rejects any proposal to introduce top-up vouchers for private treatment, tax subsidies for private medical insurance or cuts in public spending of 20 per cent. in view of the inevitable impact that such policies would have on NHS patients including those treated in NHS Foundation Trusts.

5Public Petitions,—A Public Petition from ‘Consumers for Health Choice' and others against restrictions on the availability of natural health products was presented and read; and ordered to lie upon the Table and to be printed.

6Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Joan Ryan);

And the Motion having been made after Seven o'clock, and the Debate having continued for half an hour, the Speaker adjourned the House without Question put, pursuant to the Standing Order, it being then two minutes to Eight o'clock, till to-morrow.

[Adjourned at 7.58 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Negative Resolution:

1Immigration,—Statement of Changes in Immigration Rules [by Act]; to be printed [No. 180] [Mr Secretary Blunkett].

2Police,—Police Pensions (Pension Sharing) Regulations 2002 (S.I., 2002, No. 3202), dated 20th December 2002 [by Act] [Mr Secretary Blunkett].

3Road Traffic,—(1) Road Traffic (Permitted Parking Area and Special Parking Area) (City of Sunderland) Order 2002 (S.I., 2002, No. 3266), and

(2) Road Traffic (Permitted Parking Area and Special Parking Area) (County of Worcestershire) (City of Worcester) Order 2002 (S.I., 2002, No. 3265),

dated 21st December 2002 [by Act] [Mr Secretary Darling].

Other Papers:

4Public Petitions,—Observations by the Secretary of State for Foreign and Commonwealth Affairs on the Petition [27th November] from residents of Slough and others for Government action to prevent war crimes against Palestinians [by Standing Order]; to be printed [Clerk of the House].

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5Resource Accounts 2001–02,—Resource Accounts for 2001–02 of HM Procurator General and Treasury Solicitor, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 237] [Ruth Kelly]

APPENDIX II

Standing Committees

1Local Government Bill:

(1) The Speaker has allocated the Bill to Standing Committee A and has appointed Mr Win Griffiths and Derek Conway Chairmen; and

(2) the Committee of Selection has nominated twenty-nine Members to serve on the Committee: Mr David Borrow, Mr Martin Caton, Mr Geoffrey Clifton-Brown, Jon Cruddas, Mr David Curry, Mr Edward Davey, Valerie Davey, Mrs Janet Dean, Jim Dobbin, Linda Gilroy, Mr Paul Goodman, Matthew Green, Patrick Hall, Mr Philip Hammond, Dr Brian Iddon, Mr David Lepper, Mr Christopher Leslie, Kali Mountford, Dr John Pugh, Lawrie Quinn, Mr Nick Raynsford, Phil Sawford, Mr Desmond Swayne, Mr Robert Syms, Mr Simon Thomas, Mr Mark Todd, Mr Don Touhig, Mr Andrew Turner and Mr Phil Woolas.

2Draft Commissioner for Children and Young People (Northern Ireland) Order 2003:

(1) The Speaker has allocated the draft Order to the First Standing Committee on Delegated Legislation and has appointed Mr Nigel Beard Chairman; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Peter Bottomley, Mr Desmond Browne, Mr Jim Cousins, Mr Ian Davidson, Mr Terry Davis, Mr Mark Field, Mr Roger Godsiff, Alan Howarth, Shona McIsaac, Mr Jim Marshall, Lembit Opik, Joyce Quin, Joan Ryan, The Reverend Martin Smyth, Mr John Taylor and Mr David Wilshire.

3Draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003:

(1) The Speaker has allocated the draft Order to the Second Standing Committee on Delegated Legislation and has appointed Mr John Cummings Chairman; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr David Cameron, Mr Peter Duncan, Mr George Foulkes, David Hamilton, Mr Ian Liddell-Grainger, Mr Iain Luke, Mr John MacDougall, Mrs Anne McGuire, Mr Jim Murphy, Sandra Osborne, Mr Laurence Robertson, Mr Frank Roy, Dr Gavin Strang, John Thurso, Pete Wishart and Mr James Wray.

4Draft Access to Justice (Northern Ireland) Order 2003:

(1) The Speaker has allocated the draft Order to the Third Standing Committee on Delegated Legislation; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Ms Diane Abbott, Richard Burden, Mrs Ann Cryer, Mr Frank Field, Lady Hermon, Mr Fraser Kemp, Jim Knight, Chris McCafferty, Mr Andrew Mackay, Mr Gordon Marsden, Mr Austin Mitchell, Lembit Opik, Mr John Taylor, Mr Andrew Turner, Mr David Wilshire and Ms Rosie Winterton.

5Pet Travel Scheme (Pilot Arrangements) (England) (Amendment) (No. 2) Order 2002 (S.I., 2002, No. 2850),—The Committee of Selection has discharged Geraldine Smith from the Second Standing Committee on Delegated Legislation (nominated in respect of the Order); and nominated in substitution Huw Irranca-Davies.

European Standing Committees

6The Speaker has appointed Mr Joe Benton Chairman of European Standing Committee A in respect of European Union Document No. 13438/01 on Community Strategy for Dioxins, Furans and Polychlorinated Biphenyls.

7The Speaker has appointed Miss Ann Widdecombe Chairman of European Standing Committee B in respect of European Union Document No. 8395/02 and an Unnumbered Explanatory Memorandum from the Lord Chancellor's Department and the Scottish Executive on jurisdiction and judgements relating to matrimonial matters and parental responsibility.

8European Union Document No. 15301/02, relating to safety at sea, has been referred to European Standing Committee A.

APPENDIX III

Reports from Select Committees

1Environmental Audit,—Third Report from the Environmental Audit Committee [Annual Report 2002]; to be printed [No. 262] [Mr John Horam].

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2European Scrutiny,—Sixth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 63-vi] [Mr Jim Marshall].

3Regulatory Reform and Office of the Deputy Prime Minister (Planning, Housing, Local Government and the Regions),—Minutes of Evidence taken before the Regulatory Reform Committee and Office of the Deputy Prime Minister (Planning, Housing, Local Government and the Regions) Committee (meeting concurrently pursuant to Standing Order No. 137A) [Proposal for the Regulatory Reform (Housing Management Agreements) Order 2002]; to be printed [No. 259] [Mr Peter Pike].

4Transport,—Minutes of Evidence taken before the Transport Committee [Overcrowding on Public Transport]; to be printed [No. 201-i] [Mrs Gwyneth Dunwoody].

5Welsh Affairs,—Third Report from the Welsh Affairs Committee [Work of the Committee in 2002]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 263] [Mr Martyn Jones].


[No. 25; WH, No. 14.]

Wednesday 8th January 2003.

The House sitting in Westminster Hall

The sitting commenced at half-past Nine o'clock.

Adjournment,—A Motion was made, and the Question being proposed, That the sitting be now adjourned—(Charlotte Atkins);

And the sitting having continued for two and a half hours after Two o'clock, it was adjourned without Question put, till to-morrow.

[Adjourned at 4.30 p.m.


[No. 26.]

Thursday 9th January 2003.

The House met at half-past Eleven o'clock.

PRAYERS.

First Standing Committee on Delegated Legislation,—Miss Ann Widdecombe reported from the First Standing Committee on Delegated Legislation the draft National Endowment for Science, Technology and the Arts (Increase of Endowment) Order 2003.

Minutes of Proceedings of the Committee to lie upon the Table.

2Electricity (Miscellaneous Provisions) Bill,—Ms Secretary Hewitt, supported by the Prime Minister, Mr Secretary Prescott, Mr Chancellor of the Exchequer, Secretary Margaret Beckett, Mr Secretary Smith, Mrs Secretary Liddell and Mr Brian Wilson, presented (under Standing Order No. 50 (Procedure upon Bills whose main object is to create a charge upon the public revenue)) a Bill to make provision in connection with the provision of financial assistance to, or the acquisition of any securities of or any part of the undertaking or assets of, British Energy p.l.c. or any of its subsidiaries; to provide for the repeal of Part 2 of the Electricity Act 1989; to amend Schedule 12 to that Act and to make provision for undertakings to make grants under that Schedule to be disregarded for tax purposes: And the same was read the first time; and ordered to be read a second time on Monday 13th January and to be printed [Bill 39].

Ordered, That the Explanatory Notes relating to the Electricity (Miscellaneous Provisions) Bill be printed [Bill 39–EN].

3Health (Wales) Bill,—The House, according to Order, proceeded to consider the Health (Wales) Bill, not amended in the Standing Committee.

A Clause (Reciprocity for Patients' Forums)—(Mr Nigel Evans)—brought up and read the first time.

Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn.

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Amendment (No. 2) proposed to the Bill, in page 2, line 13, at the end, to insert the words—

‘( ) The Special Health Authority for England and Wales responsible for the functions of the Health Protection Agency shall have a place on the Board of the Wales Centre for Health.'.—(Chris Grayling.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Mr Laurence Robertson, Mr Desmond Swayne: 78.

Tellers for the Noes, Joan Ryan, Mr Gerry Sutcliffe: 305.

Another Amendment (No. 1) proposed to the Bill, in page 2, line 21, at the end, to insert the words ‘provided that it shall not use media channels widely accessible in any area outside Wales for the communication of such information unless that information is communicated jointly with those public information bodies responsible for the communication of health information in that area;'.—(Mr Nigel Evans.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Mr Laurence Robertson, Mr Desmond Swayne: 78.

Tellers for the Noes, Mr Ivor Caplin, Mr Gerry Sutcliffe: 326.

The Bill was read the third time, and passed.

4Business of the House,—Ordered, That, at the sitting on Thursday 16th January, notwithstanding the provisions of Standing Order No. 16 (Proceedings under an Act or on European Union documents), the Speaker shall put the Questions necessary to dispose of proceedings on the Motion relating to Fisheries at Six o'clock, or three hours after their commencement, whichever is the later, and the Orders of the House of 28th June 2001 and 29th October 2002 relating to deferred Divisions shall not apply.—(Mr Ivor Caplin.)

5Bills, &c., brought from the Lords,—Ordered, That—

(1) Standing Order No. 57 (Presentation and first reading) be amended, by leaving out paragraph (3);

(2) The following Standing Order (Bills brought from the Lords) be made:

‘57A.—(1) If a Member informs the Clerks at the Table of his intention to take charge of a bill which has been brought from the Lords, the bill shall be deemed to have been read the first time on the day on which the Member so informs the Clerks, and to have been ordered to be read a second time on such day as he shall appoint, and shall be recorded in the Journal of the House as having been read the first time and ordered to be read a second time on the day so appointed, and shall be ordered to be printed.

(2) If a public bill is passed by the Lords and carried to the office of the Clerk of the House at a time when this House is not sitting, then, provided that a Member shall have notified the Clerks at the Table, in writing, of his intention to take charge of the bill—

(a) the Clerk of the House shall arrange for the printing and circulation of copies of the bill, and

(b) the bill shall be recorded in the Journal of the House as having been read the first time on the next sitting day and as having been ordered to be printed pursuant to this standing order and to be read a second time on such day as the Member shall have appointed.'; and

(3) Standing Order No. 78 (Lords amendments) be amended as follows:

Line 1, after ‘bills', insert ‘and Lords reasons';

Line 3, at end insert ‘and the provisions of S.O. No. 57A (Bills brought from the Lords) shall apply to the appointment of consideration and the printing of Lords amendments and reasons as they apply to the appointment of second reading and the printing of bills brought from the House of Lords'; and

Line 5, after ‘bill', insert ‘or Lords reasons'.—(Mr Ivor Caplin.)

6Environmental Audit,—Ordered, That Mr Mark Simmonds be discharged from the Environmental Audit Committee and Mr Peter Ainsworth be added.—(Mr Phil Woolas.)

7European Scrutiny,—Ordered, That Angela Watkinson be discharged from the European Scrutiny Committee and Mr Richard Bacon be added.—(Mr Phil Woolas.)

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8Regulatory Reform,—Ordered, That Mrs Claire Curtis-Thomas be discharged from the Regulatory Reform Committee and Mr John MacDougall be added.—(Mr Phil Woolas.)

9Public Petitions,—A Public Petition from ‘Consumers for Health Choice' and others against restrictions on the availability of natural health products was presented and read; and ordered to lie upon the Table and to be printed.

10Public Petitions,—Public Petitions from ‘Consumers for Health Choice' and others against restrictions on the availability of natural health products were presented [two Petitions]; and ordered to lie upon the Table and to be printed.

11Adjournment,—Resolved, That this House do now adjourn.—(Mr Phil Woolas.)

And accordingly the House, having continued to sit till fourteen minutes to Five o'clock, adjourned till Monday 13th January.

[Adjourned at 4.46 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1Agriculture (Miscellaneous Provisions),—(1) Draft Code of Recommendations for the Welfare of Livestock: Cattle, and

(2) draft Code of Recommendations for the Welfare of Livestock: Pigs

[by Act] [Secretary Margaret Beckett].

2Animals,—Draft Welfare of Farmed Animals (England) (Amendment) Regulations 2003 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett].

3Family Law,—Draft Child Support (Miscellaneous Amendments) Regulations 2003 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Smith].

Papers subject to Negative Resolution:

4Income Tax,—Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 2003 (S.I., 2003, No. 23), dated 9th January 2003 [by Act] [Ruth Kelly].

5River,—Prohibition of Keeping or Release of Live Fish (Specified Species) (Amendment) (England) Order 2003 (S.I., 2003, No. 25), dated 9th January 2003 [by Act] [Secretary Margaret Beckett].

6Value Added Tax,—Value Added Tax (Health and Welfare) Order 2003 (S.I., 2003, No. 24), dated 9th January 2003 [by Act] [John Healey].

Other Papers:

7Local Government,—Proposal for a draft Community Care Plans (Disapplication) (England) Order 2003, with a statement by the Secretary of State for Health [by Act] [Mr Secretary Milburn].

8Prevention and Suppression of Terrorism,—Suppression of Terrorism Act 1978 (Designation of Countries) Order 2003 (S.I., 2003, No. 6), dated 7th January 2003 [by Act] [Mr Secretary Blunkett].

9Public Petitions,—(1) Observations by the Secretary of State for Health on the Petition [10th December] from citizens of the United Kingdom for legislation to prohibit euthanasia by the withdrawal of food and fluid, and

(2) Observations by the Secretary of State for Defence on the Petition [3rd December] from residents of Dumfries and Galloway against the closure of West Freugh Airfield;

[by Standing Order]; to be printed [Clerk of the House].

APPENDIX II

Standing Committees

1Draft National Endowment for Science, Technology and the Arts (Increase of Endowment) Order 2003,—The Committee of Selection has discharged Mr Fraser Kemp from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution Mr Phil Woolas.

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2Communications Bill,—The Speaker has appointed Mr Bill O'Brien as a Chairman of Standing Committee E in respect of the Communications Bill, in place of Mr Jimmy Hood.

3Draft Access to Justice (Northern Ireland) Order 2003,—The Speaker has appointed Mr Bill Olner Chairman of the Third Standing Committee on Delegated Legislation in respect of the draft Access to Justice (Northern Ireland) Order 2003.

APPENDIX III

Reports from Select Committees

1Environment, Food and Rural Affairs,—Second Report from the Environment, Food and Rural Affairs Committee [Annual Report of the Committee], together with an Appendix; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 269] [Mr David Curry].

2Health,—(1) First Report from the Health Committee [The Work of the Health Committee, 2002]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 261], and

(2) Minutes of Evidence taken before the Committee [Sexual Health]; to be printed [No. 69-iv]

[Mr David Hinchliffe].

3Northern Ireland Affairs,—Second Report from the Northern Ireland Affairs Committee [Annual Report 2002]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 271] [Mr Michael Mates].

4Public Administration,—Minutes of Evidence taken before the Select Committee on Public Administration [Public Service Targets]; to be printed [No. 62-vi] [Tony Wright].

5Treasury,—(1) First Report from the Treasury Committee [National Statistics: The Classification of Network Rail], together with the Appendices to the Minutes of Evidence taken before the Sub-Committee; to be printed together with the Minutes of Proceedings of the Committee and of the Sub-Committee relating to the Report [No. 154];

(2) Second Report from the Committee [The 2002 Pre-Budget Report], together with the Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 159]

[Mr John McFall].


[No. 26; WH, No. 15.]

Thursday 9th January 2003.

The House sitting in Westminster Hall

The sitting commenced at twenty-five minutes to Three o'clock.

Adjournment (Housing Benefit reform),—A Motion was made, and the Question being proposed, That the sitting be now adjourned—(Joan Ryan);

And the sitting having continued for three hours, it was adjourned without Question put, till Tuesday 14th January.

[Adjourned at 5.50 p.m.



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